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HomeMy WebLinkAboutPlanning Comm min 1977/02/09 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA February 9, 1977 A regular meeting of the City Planning Commission of Chula Vista, California, was held on the above date beginning at 7~00 p.m. with the following members present: Chandler, Smith, Starr, Pressutti, R. Johnson, G. Johnson and Renneisen. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Lippitt, Assistant Fire Chief Longerbone, and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Chandler followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (G. Johnson-R. Johnson) The minutes of the meeting of January 26, 1977 be approved as mailed. ORAL COMMUNICATIONS The Chairman called for oral communications and none were offered. 1. PUBLIC HEARING: Variance PCV-77-1 - Request to create 2 lots without street frontage, 34 "H" Street, Lowell Terry Current Planning Supervisor Lee noted the location of the property at 34 H Street with approximately 100 feet of frontage and 290 feet depth. This property currently comprises two lots and it is proposed to divide the lots, creating two additional lots at the rear, without street frontage, with access from a 20' wide private easement which was created to serve two similar lots adjacent to the west of this property. Those lots are presently under development, with two houses almost completed. Mr. Lee pointed out there are many excessively deep lots in the city where it is not feasible to install a public street and development via an access easement is considered appropriate in those cases. He presented to the Commission photos of a similar type of development in the 100 block of K Street which is deemed attractive and very satisfactory. He admonished, however, that it is necessary to analyze each location to consider the effect such development will have on adjacent property and its accessibility to public improvements, as well as any possible environmental impact. It is felt that the expanded development that is proposed in this case will enhance the area since the houses will be facing each other rather than a rear yard. Mr. Lee called attention to the 7 conditions recommended for approval of the variance, and advised that maintenance of sewer should be deleted from condition "c" since it will be a public sewer maintained by the City. -2- February 9, 1977 Mr. Lee discussed the need for offstreet parking and the recommendation for including a parking bay with four spaces along the south side of the access easement to serve the four residences that will be served by the easement. Providing for adequate sight line distance from this parking bay requires the oblique property line and fence between lots 1 and 3. Commissioner G. Johnson commented on the elevation of the sewer manhole which is considerably higher than the land around it, and asked if the area would be filled to that grade. This being the time and place as advertised, the public hearing was opened. Jolly R. Terry, representing his father, the applicant, advised, in response to the question by Commissioner G. Johnson, that the manhole is at the top of the grade of the driveway, which will be brought up to that level in order that runoff water will drain to H Street. He expressed concurrence with the conditions recommended in the staff report. As no one else wished to speak, the public hearing was closed. MSUC (Starr-Pressutti) The commission finds that in accordance with the Negative Declaration on IS-76-117 this project will have no significant adverse environ- mental impacts and certifies the Negative Declaration. It was moved by Commissioner Starr, seconded by Commissioner Pressutti, that based on the findings as stated in the staff report, the Commission approves variance PCV-77-1 to create two lots without street frontage, subject to the conditions recommended. Commissioner Smith asked if the maker of the motion would be willing to include in the condition for perpetual maintenance of the private driveway the parking area as well. Commissioner Starr and Pressutti agreed to the addition. The motion carried unanimously. 2. Consideration of request for extension of time on conditional use permit PCC-76-2 for operation of borrow pit on south side of Telegraph Canyon Raod between 1-805 and Elks Lodge - Joseph Lathers Director of Planning Peterson reported that this conditional use permit was approved about a year ago for the borrow pit operation in connection with a grading plan for development of the property. The original applicant was unable to proceed wi th the development and the property has changed hands. The new owner wishes to pursue the plans approved a year ago, which include removal of excess dirt from this area. It is recommended that the request be approved, thus extending the borrow pit operation to February 9, 1978. MSUC (R. Johnson-Renneisen) The Planning Commission approves a one year extension of time on conditional use permit PCC-76-2. -3- February 9, 1977 3. Consideration of amendment to Town Centre Design Manual to provide for minor buildin9 encroachment into public right of waS where necessary for remodeling Director of Planning Peterson advised that most of the store buildings along Third Avenue are built to the front property line. Remodeling of the buildings to enhance their appearance by the addition of a new facade would encroach into the right of way by several inches. Removing the existing facade and then constructing a new one would be considerably more expensive and since it is the objective of the city to try to encourage redevelopment in the Third Avenue area, it seems reasonable to allow encroachments into the right of way up to about 9", which would take care of the nomal facade to be applied to the older buildings. It is recommended that the Design Manual for the Town Centre project be amended as indicated in the staff report to allow limited encroachment. In response to a question from Commissioner Smith, Assistant Director of Public Works Lippitt pointed out that the Design Manual is a policy and is not a procedures manual. The normal permits as established by the City Code would still be required. Mr. Peterson added that there may be a change in procedure to allow the Design Review Board to approve such encroachments without submitting each request to the City Council. MSUC (Pressutti-G. Johnson) The Commission recommends that the Chula Vista Redevelopment Agency amend the Town Centre Design Manual by adding the following paragraph at the end of page 13: "Economic or structural considerations may justify the minor, surface encroachment of facades of remodeled commercial buildings into adjoining public rights of way. Where these encroachments are justifiable, they should be limited to a maximum of 9 inches. No ground or surface encroach- ment should be granted for the purpose of increasing a commercial building's floor or display area, and, furthermore, no encroachment should be sanctioned if it would directly or consequentially limit, to a substantial extent, the public's safe enjo~T~ent of the involved right of way." 4. Consideration of request for extension of hours of day nursery, 258 Fifth Avenue, Robert S. Thomas Current Planning Supervisor Lee advised that a permit was granted last year for the operation of a day care nursery. At that time the Commission's decision was appealed to the City Council by neighboring residents. The Council denied the appeal and upheld the Commission's decision. The applicant is now requesting an extension of hours to lO:O0 p.m. on Monday through Thursday and to 11:30 p.m. on Friday. Since this conditional use permit was the subject of some public controversy and since the extension of hours rep- resents a substantial deviation from the original application, it is the staff's opinion that a new application should be filed and a public hearing held to consider the request. In response to a question from Commissioner Renneisen, Mr. Lee advised that no complaints concerning the operation of the day care center have been received since it began. -4- February 9, 1977 Chairman Chandler noted that the applicant was in the audience and asked if he wished to address the Commission concerning his request. Robert S. Thomas, 650 Floyd Avenue, advised that he has received requests from patrons for an extension of hours. He feels there is a definite need for a care facility with extended evening hours to serve parents attending night school, waitresses in restaurants, and parents working the last afternoon shift at National Steel. He suggested that children in the 2 to 4 year age bracket would be ready for rest by about 7:30 p.m. and there should be no noise from children during the evening hours. He also reported that the County Board of Health and the State of California agency which issues the license for this operation have supported the need for such service to be available during the evening hours. In response to a question from Commissioner Pressutti, Mr. Thomas advised that he has 15 children enrolled, but only three of those attend full time. The others attend at varying days and hours. Yvonne Gerdes, director of the center, 621 Dennis Avenue, advised that their state license limits them to 10 children at one time. MSUC (Renniesen-R. Johnson) The applicant be advised to file a new conditional use permit application in order that the proposed change in operating hours may be considered at a public hearing. DIRECTOR'S REPORT Director of Planning Peterson advised the Commission that the last two light agendas for Commission meetings are not indicative of the work load of the Department and that the past few months have been extremely busy. He called attention to the notice of the dinner meeting of the League of California Cities to be held in San Diego next week, and to the need for making reservations by next Monday if any Commissioners wish to attend. Mr. Peterson also reported that the national conference of the American Society of Planning Officials will be held in San Diego on April 24 through 28. This may be the first time a national conference of this organization has been held in San Diego. He noted that the Commission is budgeted for two members to attend that conference, which he hoped they would take advantage of. He also indicated he would like to permit as many staff members as possible to attend at least some sessions of the conference. He pointed out that the regularly scheduled second meeting in April would fall during the time of the conference and asked for the Commission's consensus to changing the April business meetings to the first and third Wednesdays rather than the second and fourth. The Commissioners expressed agreement with changing the meeting dates. Mr. Peterson advised he had no pressing topics for the study session scheduled for February 16. If the Commissioners have no request for items to be discussed the meeting could be cancelled. It was the consensus of the Commission that the study session be cancelled. -5- February 9, 1977 COMMISSION COMMENTS Commissioner Pressutti asked who has the responsibility of determining if the conditions applied to a conditional use permit or variance are fully adhered to. This would apply mainly to operating restrictions after an operation has commenced. Mr. Peterson advised it is the responsibility of the Planning Department and is done by the City's Zoning Enforcement Officer. Mr. Lee affirmed that a file is maintained on all conditional use permits and variances which included operating conditions and the Zoning Enforcement Officer makes periodic inspections to see if they are being met, ADJOURNMENT Chairman Chandler adjourned the meeting at 7:50 p.m. Respectfully submitted, Helen Mapes Secretary